(DOWNLOAD) "William C. Holt v. George Washington Life" by Municipal Court of Appeals for the District of Columbia # Book PDF Kindle ePub Free
eBook details
- Title: William C. Holt v. George Washington Life
- Author : Municipal Court of Appeals for the District of Columbia
- Release Date : January 18, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This case presents the question whether a conservators protracted mishandling of estate funds constitutes misappropriation and, if so, whether it resulted from more than simple negligence. Respondent Margie A. Utley waited twenty-one months to repay a mistakenly duplicated fee despite notification from an auditor and repeated court requests. She also paid herself the fee and two annual commissions before obtaining required court approval. The Hearing Committee determined that this misconduct constitutes misappropriation and was "at the very least reckless." A majority of the Board on Professional Responsibility agreed, concluding that "more than simple negligence was involved," and that disbarment is therefore required. Dissenting members of the Board countered that disbarment is too harsh because "her acts constituted simple negligence or its equivalent" and hence do not warrant "the most severe sanction that can be imposed." Respondent contends her actions "did not result from recklessness, but if anything, procrastination and mental paralysis brought about by stress." Bar Counsel agrees with the Board majority. We hold that respondents misconduct constitutes misappropriation and resulted from more than simple negligence. We therefore adopt the recommended sanction of mandatory disbarment.